B3_W9126G-16-B-0019-Specs_Final.pdf

SOLICITATION NO. W9126G-16-B-0019

FREEPORT HARBOR, TEXAS

ENTRANCE AND JETTY CHANNEL

IN BRAZORIA COUNTY, TEXAS

PROJECT MANUAL

FOR

HOPPER DREDGING

MAY 2016

DEPARTMENT OF THE ARMY

GALVESTON DISTRICT, CORPS OF ENGINEERS

P.O. BOX 1229

GALVESTON, TEXAS

"INCREASE PROFIT - SUBMIT VECP'S"

SWG FILE NO.:BRAZ 501-443 SOLICITATION NO.:W9126G-16-B-0019

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 00 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.00 45 BID SCHEDULE

00 21 00 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD

00 73 46 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

01 22 00.10 MEASUREMENT AND PAYMENT

01 30 00.01 45 ADMINISTRATIVE REQUIREMENTS

01 32 01.01 45 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.01 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.00 QUALITY CONTROL

01 45 01.10 QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 45 ENVIRONMENTAL PROTECTION

01 58 13.04 45 BULLETIN BOARD

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.14 45 PROTECTION OF SEA TURTLES

35 20 23.22 45 HOPPER DREDGING FREEPORT CHANNEL

35 20 23.23 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

PROJECT: FREEPORT HARBOR, TEXAS, ENTRANCE AND JETTY CHANNEL, IN BRAZORIA COUNTY, TEXAS

ESTIMATED PRICE RANGE OF THE PROPOSED DREDGING IS BETWEEN $5,000,000.00 AND $10,000,000.00.

PER AFARS 5132.702 (a)(ii)(B) "FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL BE MADE

UNTIL APPROPRIATED FUNDS ARE MADE AVAILABLE."

X

BERTRAM R SCOTT 409 766-3940

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

02-May-2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00.01 45

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________02 Jun 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

W9126G

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

409 766 3010FAX:TEL: 409 766 3845 TEL: FAX:

W9126G-16-B-0019

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.2 MODIFICATIONS (CESWG)

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization Freeport Hopper Dredging

1 JOB SUM $___________

0002 Dredging Freeport Entrance Channel Outer Bar

1,054,000 CY $___________$___________

0003 Dredging Freeport Jetty Channel

481,000 CY $_________ $___________

0004 Monitor Surveys 1 JOB SUM $___________

0005 Turtle Deflector Device and Endagered Species Observers

1 JOB SUM $_________

TOTAL SCHEDULE NO. 1 $___________

DOCUMENT 00 11 00.00 45 Page 2

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0006 Dredging Freeport Inner Harbor, Lower Turning Basin

261,000 CY $_________ $___________

TOTAL OPTION NO. 1 $___________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $___________

NOTE: The Government may exercise Option No. 1 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

1 is contingent upon availability of funds. Should Option No. 1 be exercised, an additional time of 21 calendar days will be added to this Contract for the completion of Option No. 1.

DOCUMENT 00 11 00.00 45 Page 3

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0007 Dredging Freeport Inner Harbor, Brazosport Turning Basin

162,000 CY $_________ $___________

TOTAL OPTION NO. 2 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1 AND 2 $___________

NOTE: The Government may exercise Options No. 2 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

2 is contingent upon availability of funds. Should Option No. 2 be exercised, an additional time of 15 calendar days will be added to this Contract for the completion of Option No. 2.

DOCUMENT 00 11 00.00 45 Page 4

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.4 Option No. 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 3

Mobilization and Demobilization Sea Turtle Trawling and Relocation, Freeport

1 JOB SUM $___________

Sea Turtle Trawling and Relocation, Freeport

30 DAY $_________ $___________

TOTAL OPTION NO. 3 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, AND 3 $___________

NOTE: The Government may excercise Options No. 3 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

3 is contingent upon availability of funds. Should Option No. 3 be excercised, no additional time will be added to this Contract for the completion of Option No. 3.

DOCUMENT 00 11 00.00 45 Page 5

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 MODIFICATIONS (CESWG)

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment of each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 6

Section 00 21 00 - Page 1

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

INSTRUCTIONS, CONDITIONS

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

The estimated price range of the proposed construction is between $5,000,000 and $10,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE ((FBO)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses:

http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above links) for amendments to the solicitation. You must be registered in the System for Award Management (SAM) to receive a government contract award. You may register with SAM at https://www.sam.gov

1.3 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (18 MAR 2013) (UAI

31.105-100) In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

1.4 TECHNICAL INFORMATION DREDGING

For technical information regarding the plans and specifications submit them through the Bidders Inquiry-Projnet. See 1.10 of this section.

Collect calls not accepted.

1.5 PREAWARD INFORMATION DREDGING

The apparent low bidder shall submit within (1) working day after Bid Opening, the following information:

(a) A statement as to whether he is now or ever has been engaged in performing dredging of [X ] deep or [ ] draft channels.

(b) A list of key personnel available for the current project and their qualifications.

(c) A copy of the bidder's latest financial statement, including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

(d) A list of present commitments, including the dollar value thereof, name of office under which the work is being performed, the scheduled completion date of each, days ahead or behind schedule and the name of the Dredge to be used on the job.

(e) Name and location of the firm's dredging plant to perform the work under this contract, the date this plant will commence work, and the plants capability to perform the work as required by the specifications.

(f) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within (1) working day after Bid Opening.

1.6 DISPOSAL OF EXCAVATED MATERIAL

The following owners in the vicinity of the work to be accomplished under this Invitation for Bids are known to desire fill material:

Section 00 21 00 - Page 2

NAME ADDRESS

_____________N/A_________________ ________________________________ If any of the areas owned by the above-listed owners are proposed to be utilized by the Contractor in the performance of the work, the provision for use of alternate areas DREDGING: PLACEMENT OF EXCAVATED MATERIAL of the specifications will be applicable.

1.7 BIDDER'S QUALIFICATIONS

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.8 CAUTIONS & REMINDERS TO BIDDERS

All information required by the terms of the Invitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

Have you acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the bid package?

Is your bid properly signed?

If a bid guarantee is required, is it included with your bid? (A late bid guarantee is treated the same as a late bid).

Is your bid guarantee in the proper amount? Bid guarantee shall be in the amount of 20 percent of the amount of the bid, or $3 million, whichever is less.

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

Is the name in which you submitted the bid the same on your bid as on your bid bond?

If required have you entered a unit price for each bid item?

(The Invitation will specifically state when this is necessary).

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total bid price correct?

Are all erasures or corrections initialed by the person signing the bid?

I have not restricted my bid by altering the provisions of the Invitation.

Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct invitation number and bid opening time?

Will your bid arrive on time? Late hand-carried bids will not be considered. Late mailed bids may be considered if sent by

Section 00 21 00 - Page 3

Registered or Certified Mail; if late receipt was due to delay in mails, or if specific requirements have been met. (See the portion of the Invitation pertaining to "Late Bids and Modifications or Withdrawals").

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Galveston District/Fort Worth District may take formal action. See Section entitled "Specific Project Requirements".

1.9 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the Contract Specialist or Contracting Officer located at the US Army Corps of Engineers, Jadwin Building, 2000 Fort Point Road, Galveston District, Galveston, TX 77550. Not Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry.

Parking is limited. Firearms are not permitted on the installation. Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring Break and the Summer Season, can have traffic slowdowns and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

(End of Clause)

1.10 BIDDER INQUIRY – PROJNET

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W9126G-16-B-0019 The Bidder Inquiry Key is: MWD8PD-2K8M57 http://www.projnet.org/projnet

Section 00 21 00 - Page 4

2. The Bidder Inquiry System will be unavailable for new inquires ten (10) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Offers will be publicly opened at the date/time stated in the solicitation.

1.11 DAVIS-BACON ACT

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and

Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-

Construction

AUG 1996

52.214-34 Submission Of Offers In The English Language

APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-4 Evaluation Of Options Exercised At The

Time Of Contract Award

JUN 1988

52.225-10 Notice of Buy American Requirement-- Construction Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

52.233-2 Service Of Protest SEP 2006 52.236-27 Site Visit (Construction) FEB 1995 52.252-1 Solicitation Provisions Incorporated By

Reference

FEB 1998

Section 00 21 00 - Page 5

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Brazoria – 27.3% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of

Section 00 21 00 - Page 6 the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Brazoria County, Texas – SMSA..

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based

Section 00 21 00 - Page 7 on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute

Section 00 21 00 - Page 8 before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

Section 00 45 00 - Page 1

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of

Representations and Certifications

JAN 2015

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 27.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

Section 00 45 00 - Page 2

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

Section 00 45 00 - Page 3

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements.

This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

Section 00 45 00 - Page 4

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change https://www.acquisition.gov/

Section 00 45 00 - Page 5

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

Section 00 45 00 - Page 6

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and https://www.acquisition.gov/

Section 00 45 00 - Page 7 administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

Section 00 45 00 - Page 8

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or

Section 00 45 00 - Page 9 subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

252.203-7996 PROHIBITION ON CONTRACTING…